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Agenda and minutes

Venue: Rooms 18.01 - 18.03 - 18th Floor, 64 Victoria Street, London, SW1E 6QP

Contact: Sarah Craddock, Committee and Councillor Co-ordinator  Email:  scraddock@westminster.gov.uk Tel: 07790980186

Media

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

1.1           It was noted that Councillor Maggie Carman had been replaced by Councillor Piddock.

 

1.2           Nominations for the post of Chair were invited.  An nomination was received and seconded for Councillor Angela Piddock.  There were no further nominations.

 

1.3           RESOLVED: That Councillor Angela Piddock be appointed Chair of the Licensing Sub Committee (2) for this meeting.

 

2.

Declarations of Interest

To receive declarations by Members and Officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

Minutes:

2.1       There were no declarations of interest.

1.

Tropica, 1 Lower Grosvenor Place, SW1W 0EJ pdf icon PDF 2 MB

 

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Knightsbridge and Belgravia

 

*  None

 

** Victoria

Tropica

1 Lower Grosvenor Place

SW1W 0EJ

 

Premises Licence Variation

22/06523/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 29 September 2022 – Item 1

 

Membership:           Councillor Angela Piddock (Chairman) Councillor Judith Southern and Councillor Caroline Sargent

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Aaron Hardy

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Jessica Donovan

 

Other Parties:          Mr Adriano Dulgher (Applicant),

PC Tom Steward (Metropolitan Police),

Maxwell Koduah (Environmental Health Service),

Richard Brown (Solicitor, Westminster’s Citizens Advice representing Dame Judith Mayhew-Jones, Charles Mander and Mark Delacour (local residents).

 

Application for a Variation of Premises Licence in respect of Tropica, 1 Lower Grosvenor Place, London SW1W 0EJ - 22/06523/LIPV

 

Full Decision

 

Premises

 

Tropica,

1 Lower Grosvenor Place,

London SW1W 0EJ

 

Applicant

 

Mr Adriano Dulgher

 

Ward

 

Knightsbridge and Belgravia

 

Cumulative Impact Area

 

N/A

 

Special Consideration Zone

 

Victoria Special Consideration Zone (VSCZ)

 

 

 

 

Activities and Hours applied for

 

Late Night Refreshment

 

Sunday to Wednesday 23.00 to 23:45

Thursday to Saturday 23.00 to 01:45

 

Sale of Alcohol (Both)

 

Sunday to Wednesday 10.00 to 23:45

Thursday to Saturday 10.00 to 01:45

 

The Opening Hours of the Premises:

 

Sunday to Wednesday 10.00 to 00.00

Thursday to Saturday 10.00 to 02.00

 

Summary of Application

 

This is an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises operates as a bar and is seeking to extend the hours for Late Night Refreshment and Sale of Alcohol for Sunday to Wednesday to 23.45 and Thursday to Saturday until 1.45 am, closing Sunday to Wednesday at 00.00, Thursdays to Saturdays at 02.00. The applicant also seeks trade on new year’s eve from the end of permitted hours to 05.00 the following day.

 

The current Premises Licence is at Appendix 2 of the agenda report and Licence History is at Appendix 3 of the agenda report. The Decision Notice from the Licensing Committee held on the16 June 2022 is at page 30. 

 

The Premises is located in the Knightsbridge and Belgravia Ward and is in the Victoria Special Consideration Zone.

 

There is a resident court of 362.

 

Representations received

 

The Metropolitan Police Service (PC Tom Steward)

Environmental Health Service (Maxwell Koduah)

Fourteen Residents (objecting against the application)

 

Summary of issues raised by the objectors

 

The thrust of those objections cites public nuisance and crime and disorder.

 

MPS stated:

 

The proposed extension of licensable activities is likely to undermine the following licensing objectives:

 

• The Prevention of Crime and Disorder

 

The hours requested are beyond the core hours for a premises of this type and the conditions offered within the operating schedule are insufficient to promote the licensing objectives.

 

EHS stated:

 

As presented, the application would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.

 

The Residents stated:

 

·       Noise will escape and cause a nuisance.

·       Area is vulnerable to rowdy customers, drug dealing and anti-social problems.

·       It is in a residential area which is unsuitable for a late-night operation.

·       The premises currently breached their conditions and also breached them when operating under the TEN.  ...  view the full minutes text for item 1.

2.

Taco Bell, 346-348 Edgware Road, W2 1EA pdf icon PDF 10 MB

 

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Church Street

 

* None

 

** None

Taco Bell

346-348 Edgware Road

W2 1EA

 

New Premises Licence

22/05206/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 29 September 2022 – Item 2

 

Membership:           Councillor Angela Piddock (Chairman) Councillor Judith Southern and Councillor Caroline Sargent.

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Aaron Hardy

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Jessica Donovan

 

Other Parties:          Christopher Rees-Gay (Solicitor, Woods Whur 2014 Ltd on behalf of the Applicant),

Paul Welford (Taco Bell Area Manager - Applicant),

Andy Bamber (Expert witness for the Applicant),

 

PC Adam Deweltz (Metropolitan Police) and

Dave Nevitt (Environmental Health)

 

Application for a New Premises Licence in respect of Taco Bell, 346 - 348 Edgware Road, London W2 1EA - 22/05206/LIPN

 

Full Decision

 

Premises

 

Taco Bell

346 – 348 Edgware Road

London W2 1EA

 

Applicant

 

Taco-Time Ltd

 

Ward

 

Church Street

 

Cumulative Impact Area

 

N/A

 

Special Consideration Zone

 

N/A

 

 

 

Activities and Hours applied for

 

Late Night Refreshment

 

Monday to Sunday 23:00 to 03:00

 

The Opening Hours of the Premises:

 

Monday to Sunday 10:00 to 03:00

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Applicant has submitted an application to permit the Premises to trade Mondays to Sundays 10:00 until 03:00.  The premises currently operates as a Taco Bell, Mexican quick service restaurant and take-away closing at 23.00 Mondays to Sundays.

 

The Premises is located in Church Street Ward and is not in a CIZ or Special Consideration Zone.

 

There is a resident count of 345.

 

Representations received

 

The Metropolitan Police Service (PC Reaz Guerra) - MPS

Environmental Health Service (David Nevitt) - EHO

Two Residents (objecting against the application)

 

Summary of issues raised by objectors

 

The thrust of those objections received cites public nuisance and crime and disorder.

 

MPS stated:

The hours sought for licensable activity go beyond Westminster’s Core Hours Policy, and if granted, the application could undermine the Licensing Objectives in relation to The Prevention of Crime and Disorder.

 

EHS stated:

The proposals are likely to increase the risk of Public Nuisance and may impact upon Public Safety.

 

The Residents stated:

Noise and nuisance will be created, and no parking is available

 

Policy Position

 

HRS1

 

Applications for hours outside the core hours set out in Westminster’s Statement of Licensing Policy will be considered on their merits, subject to other relevant

policies, and with particular regard to Core Hours Policy HRS1 B 1-14

 

FFP1(A)

 

A.    Applications outside the West End Cumulative Zones will generally be granted subject to:

 

1. The application meeting the requirements of policies CD1, PS1,

PN1 and CH1.

2. The hours for licensable activities are within the council’s Core

Hours Policy HRS1.

3. The operation of any delivery services for alcohol and/or late night

refreshment meeting the council’s Ancillary Delivery of Alcohol

and/or Late-Night Refreshment Policy DEL1.

 

5. The application and operation of the venue meet the definition of

a fast-food premises in Clause D.

 

D. For the purposes of this policy a Fast-Food Premises is defined as:

 

1. A premises that provides late night refreshment, either by way  ...  view the full minutes text for item 2.

3.

Pokehouse, Basement and Ground Floor, 13 New Row, WC2N 4LF pdf icon PDF 1 MB

 

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

 

* West End

 

** None

Pokehouse

Basement and Ground Floor

13 New Row

WC2N 4LF

 

New Premises Licence

22/06963/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Additional documents:

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 29 September 2022 – Item 3

 

Membership:           Councillor Angela Piddock (Chairman) Councillor Judith Southern and Councillor Caroline Sargent

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Aaron Hardy

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Jessica Donovan

 

Other Parties:          Mr Juan Mosqueda (Applicant),

Roxsana Haq (Licensing Authority) and

Anil Drayan (Environmental Health Service)

 

Application for a New Premises Licence in respect of Pokehouse, Basement And Ground Floor, 13 New Row, London WC2N 4LF- 22/06963/LIPN

 

Full Decision

Premises

 

Pokehouse

Basement and Ground Floor

13 New Row

London WC2N 4LF

 

Applicant

 

Double Seven Hospitality Ltd

 

Ward

 

St James’s

 

Cumulative Impact Area

 

West End

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied for

 

Recorded Music

Mondays to Sundays 11.00 to 21.00

 

 

Sale of Alcohol

Monday to Sunday 11.00 to 21;00

 

The Opening Hours of the Premises:

Monday to Sunday 11.00 to 21;00

 

Summary of Application

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The premises currently operates as a quick service restaurant providing poke bowls and drinks.  

 

The application is to permit the Premises to trade Mondays to Sundays 11.00 until 21.00. 

 

The Premises are located in St James’s Ward and is in the West End Cumulative Impact Area.

 

There is a resident count of 132

 

Representations received

 

The Metropolitan Police Service (PC Dave Morgan) - Withdrawn

Environmental Health Service (Anil Drayan)

Licensing Authority (Roxsana Haq)

Covent Garden Community Association (not in attendance)

One resident (not in attendance)

 

Summary of issues raised by the objectors

 

The thrust of the objections cites public nuisance and crime and disorder.

 

Licensing Authority Stated:

 

The Licensing Authority has concerns in relation to this application and how the premises would promote the Licensing Objectives:

 

• Prevention of Public Nuisance

• Prevention of Crime & Disorder

• Public Safety

• Protection of Children from harm

 

EHS stated:

 

The Premises are located in the West End Cumulative Impact Zone. Representations made against the application as it may adversely impact on the licensing objectives of Public Nuisance and Public Safety.

 

The applicant has not offered sufficient conditions, the plans are unclear, no capacity has been provided and subsequent sanitary accommodations. In addition, Environmental Health also wish to assess cooking ventilation scheme to prevent odour nuisance.

 

The Residents Association stated:

 

·       The CGCA is concerned that if granted as applied for this will fail to support the Licensing Objectives, particularly relating to Public Nuisance.

 

·       Request a condition be added:

 

No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

The Resident states:

 

·       The premises illegally sell alcohol, the manager is rude and they block residential doors and play loud music.

 

Policy Position

 

HRS1

·       Applications within the core hours set out below in this policy will

generally, be granted for the relevant premises uses, subject to not

being contrary to other policies in the Statement  ...  view the full minutes text for item 3.